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= = Hill and Jones Chapter 6: Three Strategies for Implementing Brown Anew by James S. LiebmanPresentation due Thursday of **WEEK 6**

__Introduction:__ (Nathan)
 * What Brown says, and what Brown has meant over the years with respect to desegregation
 * misunderstood
 * multiple perspectives and implications
 * no formal agreement even to this day
 * focus on ever-changing and evolving attitudes and actions as time goes by
 * The problem with desegregation today and why "new" strategies are needed
 * False claims
 * does not actually improve chances at a better quality of life for blacks
 * desegregation's benefits have been documented
 * improved achievement/test scores in school
 * decrease in dropout rates, teen pregnancy, delinquency
 * increase in college attendance and prosperous careers
 * drives whites out of school districts ("white flight" phenomenon)
 * data has shown just the opposite in many cases
 * False ideologies
 * distributivism
 * whites believe desegregation over-corrects at their expense
 * blacks believe desegregation is under-corrective
 * Desegregation must be evaluated anew

__3 Main Strategies for Desegregation in Today's Society:__

1) (Nathan) Reconstructing politics through desegregation.
 * focus on political fairness and equality as oppose to mere outcomes
 * equal distribution will inherently become a by-product
 * restructure policy such that majority cannot harm minority without simultaneously harming themselves
 * understand public education as the supreme entity by which government can implement anti-discriminatory policy nationwide

2) (Cynthia) Recollecting the Role of Education in a Liberal Polity Recollecting the Role of Education in a Liberal Polity · Why is it that we consider compulsory school attendance and assignment less troublesome than compulsory participation and assignment in, for example, the realms of public employment or publicly funded clubs?  o Is there a reason why that brand of redistribution is more acceptable than other kinds?  o Citizens are not assured minimum level of nutrition, shelter, subsistence, public security, or common defense.  o But the state gives children a free public education.  · “Liberal polities generally resist mandates requiring governments to equalize substantive outcomes among citizens on the theory that each individual and not the state should define his or her own good and decide what resources are most critical to his or her physical, psychic, and moral well-being” (121).

3) **Judicially Enforcing Legislative Reform ​** ​ (OKAY I NEED HELP FORMATTING THIS, I CAN'T GET MY BULLETS TO WORK) And I can't get this red off either!!!

**Minimum Standard "Reforms" of the 1980s and 1990s** 1980s - Different Minimal Educational Standard 1990s - Same Minimal Educational Standards Critiques of minimum standards Possible courses of action To speak up To enforce it

Illustrative Case New York Law Math and Reading Tests
 * Legal Theory For Enforcing Minimum Standards **

Quote: “Indeed, the regulations themselves state that each school district “shall offer students attending its schools the opportunity to meet all, including the testing requirements for and receive a High School diploma.” (page 127)

Chief Executive Officer has the power to direct school officials to provide: 1. An education sufficient to enable all students in the school upon reasonable effort to meet the standards….(page 128) 2. Remedial services for students falling below standard. 3. “Appropriate” remedial services for such students.
 * Administrative Enforcement Actions **

Parents may seek judicial enforcement of administrative duties. Judicial action to enforce any clear duty.
 * Judicial Enforcement Actions **

Parents could enforce minimum standards legislation. Implied Private Right of Action.
 * Implied Private Right of Action **

Debra P v. Turlington Board of Education v. Ambach
 * Constitutional Actions **

Besides teacher, book, and bus. Apply to all children who are universally compelled to attend. Easier for the courts to enforce the minimal adequate education.
 * Actions to Enforce Constitutional Duties Defined **


 * Equal Protection Theories **

Parents may establish a violation of the federal equal protection clause. Disparate Treatment Arbitrariness Important/Fundamental Interest Plyler v. Doe

Require the state to provide a system of “free public schools” or a “thoroughly and efficient educational system”.
 * State Public Education Theories **

1. Defining a “minimally adequate education.” 2. Concluding that educational inputs can and do affect academic outcomes. 3. More clearly defining just what the necessary inputs are. 4. Divesting school districts of exclusive control over education and investing greater control in the more judicially manageable hands of state education departments. 5. Establishing a more objective measure of actionable disparities in the delivery of educational benefits. 6. Depriving the states of any claim to a legitimate fiscal motive for maintaining many such disparities. 7. Enhancing the constitutional importance of a rich set of educational services and outcomes. 8. Giving content to state constitutional clauses requiring that students be provided a public education. __closing:__ Conclusion o 3 interim strategies for carrying forward the work of Brown. o “First, taking the era since Brown at its process-oriented word—namely, that he primary purpose of the equal protection clause is not the equalization of distributive outcomes but rather the expulsion of racialist motivations from the political process—it is possible to reorient school desegregation itself as a remarkably effecting means of reconstructing the political process governing schools so that racialist motivations rationally cannot intervene there” (141). § Brown is getting rid of racialist motivations in government o “Second, it is possible to justify the modestly distributive impact of school desegregation reconstructively understood—and even more forthrightly distributive character of other understandings of desegregation and other longstanding education-oriented strategies, such as finance-equity litigation- by recollecting to ourselves, our advocacy forums, and our adversaries the respected place that educational distributivism ha in our own nation’s history and in liberal polities generally” (142). § Let’s look at other ways desegregation can be implemented o “Finally, it is possible to identify a new, education-oriented strategy that finds in current educational minimum standards and related legislative reforms not only a new reflection of the special place educational distributivism has in our polity but also the seeds of a judicially enforceable right to a minimally adequate education” (142). · By having these min standards the right to an education can be enforced. __Question posed:__ In what ways has anti-segregation in other aspects of society gone wrong and why? Should anti-segregative practices continue to be explored outside the realm of public education? ​
 * Enactments accomplished **